Missouri Supreme Court Ruling Impacts DWI Offenders

Conflicting clauses in law could lead to reduction in charges for drunk driving in Missouri.

The Missouri Supreme Court has issued a ruling that could reduce many drunk driving offenses and lead to early jail release. Over the years, state legislators have attempted to tighten Missouri DWI laws, though they failed to remove a clause that conflicted with the newer language. As a consequence, many motorists convicted of felony drunk driving in Missouri should have only been charged with a misdemeanor.

In Missouri, a third DWI offense is considered a felony. The ‘forgotten’ clause that has been at the bottom of the law since the early 1980’s states that if someone pleads guilty to driving while intoxicated but then has the sentence suspended, that conviction does not count toward the three strikes necessary to make it a felony. In its decision the court said that whenever two conflicting standards exist within a criminal law, the lesser penalty should be applied.

First time offenders for drunk driving in Kansas City and many other Missouri cities are often given the opportunity to plead guilty in exchange for a suspended sentence. The practice is widely accepted because statistics show that most DWI offenders are never arrested again for drinking and driving.

There are approximately 150 cases of felony DWI in Jackson County alone that should have been tried in court as misdemeanors. The unanimous Supreme Court ruling has given those offenders the opportunity to have their sentences reduced. While the court did not state whether the ruling is retroactive, Missouri DWI defense lawyers have been advising clients to petition for leniency based on the recent court action.

Should the ruling be applied to previous cases, potentially thousands of drivers convicted of felony DWI in Missouri will have their sentences overturned. State legislators are considering rectifying the situation by adding an emergency measure to a pending law.

If you have been arrested for drunk driving in Jackson County, Missouri you will need to hire a qualified DWI Lawyer in Kansas City for proper legal representation.

Posted Monday, March 24, 2008  | Permalink |  Comments (5)